The defendants applied under s. 24(2) of the Charter to exclude evidence, including a loaded handgun and drugs, found during a warrantless search of their vehicle following a traffic stop.
They alleged violations of their rights under ss. 8, 9, 10(a), and 10(b) of the Charter, including claims of racial profiling.
The court dismissed the s. 8, s. 9, and s. 10(a) claims, finding the stop was lawful and the search was authorized under the Cannabis Control Act.
The court found moderate breaches of s. 10(b) regarding the implementation of the right to counsel.
However, applying the Grant framework, the court concluded that the evidence should not be excluded under s. 24(2), as the breaches were not causally connected to the discovery of the evidence and exclusion would undermine public confidence in the administration of justice.
